Vigor Master Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1002

Vigor Master Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1002

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement without a merit assessment of the originally disputed issues.

Jurisdiction
Australia
Judgment Date
05 January 2018
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Application No. MOD048/17 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Application No. MOD048/17 for excavation, construction of stairs, retaining walls and a pathway at the Larkin Street frontage of the property should be approved subject to conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement without a merit assessment of the originally disputed issues.

Court Disposition

Appeal upheld; Application No. MOD048/17 approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the amended plans and documents listed in condition 1 of Annexure "A" hereto.' 'Application No. MOD048/17 for excavation, construction of stairs, retaining walls and a pathway at the Larkin Street frontage of the property, is approved subject to...